Theft of bangle
A.G.Syam kumar
(Querist) 29 October 2008
This query is : Resolved
friends
Have your ever come across any decision of any of the h'ble high courts or h'ble supreme court regarding section 379 of ipc that without having any proper occurrence witness's deposition,a man cannot be convicted for the offense of theft soly on the base that the mentioned was arrested by the police at the time of alleged place of occurrence while the accused was seen running to get in to a bus at the bus stand
The case of the prosecution that the accused was committed theft of a bangle from a kid while the kid was kept by her mother at the time when the mother was attempted to get into a bus at the bus station.no recovery was not effected also
myself was come across with a kerala high court decision.but i could not trace out the same till date
so i am submitting to you all for your kind consideration
ARVIND JAIN
(Expert) 14 February 2009
NO. IHAVE NOT COME A CROSS. NOW IF NO RECOVERY HE CAN BE DISCHARGED BY THE JUDGE ONLY.
